Ramesh Mahawar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Ramesh Mahawar, son of Shri Ramrichpal Mahawar, aged about 62 years, resident of Q-9, Anupam Nagar, Police Station Pandri, Raipur (CG) Civil & Revenue District Raipur.

---- Applicant

Versus

State Of Chhattisgarh: Through the Police Station Pandri, District Raipur (C.G.) -----Non-applicant For Applicant:

Mr. B.P. Sharma, Advocate.

For Non-applicant/State:Mr. Arun Sao, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 4 /201 Heard.

(1) The accused/applicant has preferred this second bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.350/2014 registered at Police Station -Chakarbhata, Distt. Bilaspur for the offences punishable under Sections 304-II, 308, 420, 467, 468, 471, 120-B, 270, 276 & 34 of Indian Penal Code.

(2) Learned counsel appearing for the applicant would submit that the applicant's first bail application was dismissed by this Court by order dated 06.07.2015, against that order applicant

preferred SLP (Criminal) No. 6578/2015. Hon'ble Supreme Court, by order dated 11.09.2015, had given liberty to the applicant to file appropriate application for grant of regular bail after six months' time from today before an appropriate Court. Thereafter, appropriate Court by order dated 14.03.2015, rejected the bail application. He would further submit that in view of the change in circumstances, now the second bail application may be entertained.

(3) Shri Arun Sao, learned Dy. Advocate General would submit that the Hon'ble Supreme Court had given liberty to the applicant to file second bail application before an appropriate Court and the appropriate Court has rejected the second bail application and therefore, again the second bail application before this Court is not entertainable.

(4) Having heard learned counsel appearing for the parties, having regard to the facts and circumstances of the case, I do not find any good & valid ground to entertain this second bail application. Thus the bail application is rejected. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-